银监法修订草案新增“整顿组”！夯实早期干预手段，风险处置框架更趋系统完善

Core Viewpoint - The revised draft of the Banking Supervision Law, which has been open for public consultation since December 27, aims to enhance risk management and regulatory practices in the banking sector, particularly focusing on risk disposal, market exit, and shareholder supervision [1][2]. Group 1: Risk Management Enhancements - The revised draft introduces a "restructuring group" as an intermediary layer between early intervention and takeover, creating a comprehensive risk disposal framework that includes restructuring, rectification, takeover, and revocation [1][2]. - Article 55 of the revised draft allows the banking regulatory authority to dispatch a restructuring group to monitor financial institutions facing significant operational risks, with a six-month timeline to restore normal operations or initiate further risk disposal measures [2][3]. Group 2: Regulatory Context and Historical Background - The current Banking Supervision Law has been in effect since 2004, and the revision aims to address the lack of diverse policy tools for managing risks, particularly in small and medium-sized financial institutions [3]. - The revision aligns with the "14th Five-Year Plan" which emphasizes strengthening financial regulation and enhancing risk disposal resources and methods [2][3]. Group 3: Market-Based Solutions - There has been an increase in state-owned banks' involvement in the reform and risk management of small banks, including acquisitions and restructuring efforts to prevent risks from escalating to the point of takeover [4]. - The revised draft allows for more flexibility in market-based acquisitions during the takeover process, including measures for asset and liability transfers to third-party institutions [5]. Group 4: Future Considerations - Future revisions of the Banking Supervision Law should ensure alignment with the upcoming Financial Stability Law and Financial Law to create a cohesive regulatory framework [6].