Strategic Regulatory Innovation: Mechanisms for Enhancing Corporate Financial Governance in the United States

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Abstract

This article discusses the importance of developing strategic new rules and regulations to enhance corporate financial governance in the United States. Regulatory failures have been ongoing for a long time, as evident in the 2008 financial crisis and the FTX scandal. Traditional compliance-based models have been unable to address systemic risks and market complexity. The paper advocates for a cohesive methodology that synchronizes legal frameworks with strategic foresight instruments, encompassing risk-based planning, stakeholder accountability, and performance metrics. It examines the flaws in the Dodd-Frank Act, proposes changes based on corporate, trade, and commercial law, and draws on examples from the U.S. and Greece to illustrate the consequences of inadequate regulatory strategies. It also examines how strategic management tools can facilitate proactive enforcement and enhance institutional strength. The article examines national benefits, including improved investor confidence, reduced regulatory friction, and goals aligned with inclusive economic development. The paper concludes by urging policymakers, regulators, and financial institutions to adopt a proactive regulatory framework that integrates compliance into their business strategies. The paper argues that the U.S. can enhance its financial stability, foster greater openness, and establish itself as a world leader in flexible and sustainable financial governance by adopting this approach.

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