银行业监督管理法迎最大规模修订

Core Viewpoint - The draft revision of the Banking Supervision Law aims to enhance the regulatory framework to address new challenges in the banking sector, expanding the law from 52 to 80 articles and covering various aspects such as regulatory scope, risk management, consumer protection, and legal responsibilities [1][2]. Regulatory Scope Expansion - The revised draft includes a significant expansion of the regulatory scope, explicitly incorporating new types of financial institutions such as wealth management companies, consumer finance companies, and auto finance companies [2]. - The definition of "banking financial institutions" has been updated to align with the current licensing system, extending regulatory focus beyond licensed institutions to include major shareholders and actual controllers [2]. - New regulations target third-party institutions like accounting firms and law firms, establishing their due diligence obligations within the banking sector [2]. Strengthening Penetrative Supervision - The draft emphasizes penetrative supervision by including major shareholders and actual controllers in the regulatory framework, establishing a comprehensive monitoring system throughout the entire process [3]. - It introduces legal responsibilities for shareholders regarding related transactions and information disclosure, enhancing accountability and enforcement mechanisms [3]. Risk Management Mechanism Improvement - The revision focuses on systematically improving risk management mechanisms, including early corrective measures for risk identification and a structured framework for risk resolution [5]. - Specific measures include restrictions on business operations for institutions violating prudent management rules and the establishment of a restructuring mechanism for institutions facing significant risks [5]. Increased Penalties for Violations - The draft significantly raises the costs of violations, enhancing administrative penalties and expanding the scope of legal responsibilities to include not only institutions but also individuals such as employees and major shareholders [6]. - It aligns with the Administrative Penalty Law to ensure that illegal gains are confiscated and penalties are substantially increased [6]. Consumer Protection Enhancements - The draft introduces specific provisions to strengthen consumer rights protection, mandating regulatory oversight of consumer protection efforts within banking institutions [6][7]. - It outlines a negative list of obligations for financial institutions and their employees to prevent practices that infringe on consumer rights, such as false advertising and unauthorized fees [7].