THIS PAGE INTENTIONALLY LEFT BLANK

THIS PAGE INTENTIONALLY LEFT BLANK

In many documents of all kinds you will without a doubt receive a page that is blank. Just white, the blank page.

On it will read the legend This Page Intentionally Left Blank.

A contract is to be between two or more parties. But what if a contract has a page that reads "This Page Intentionally Left Blank", only it's not.

What's a an average person to think or assume? Page 42 isn't blank and what follows is called a Jurat page, which is where the notaries acknowledge that the signers appeared in front of them - making this a legal document. What are the record keeping requirements for a notary in NY?

The regulations now require, among other things, that New York notaries make a record of each notarial act they perform and retain that record for 10 years. The regulations implement the 2022 and 2023 §§ 130 and 135-c amendments to the notarial law provisions of New York's Executive Law.

Is this fraud? Consider this article on the subject:

Intentionally left blank in contracts

As if the reader of a contract has his or her eyes shut: the phrase?intentionally left blank?or?intentionally omitted?is a funny phrase sometimes used to uphold an existing numbering of clauses (and to avoid the work to correct cross references after deleting the intentionally left-in clause). The phrase?intentionally left blank?or?intentionally omitted?is often inserted immediately preceding the signature blocks, which a drafter would prefer to stay all together on one page or at least the block should tie the party-related lines together. As this leaves some white space on the preceding page, the simple statement?intentionally left blank?is put there. Another use of?intentionally left blank?is a consequence of late changes in the contract resulting in a deletion of a clause or schedule and making it somewhat risky to renumber the remaining clauses, schedules or annexes. The risk of such renumbering exercise is that internal or external cross-references would then fail to point at the right (renumbered) clause. Such renumbering and hence that ‘risk’ can be avoided by emptying the deleted clause (and inserting?intentionally left blank?instead). It would result in a numbered clause with the text?intentionally left blank?or in numbered schedule cover page with the same text (as well as a table of schedules identifying the schedule to be “intentionally left blank”).

The legal effect of the statement is very limited: it might serve as evidence in the case one party would claim that, despite its being deleted from the final and signed agreement, a provision was agreed to be deleted (and not deleted accidentally). With the common practice amongst lawyers to send each other draft contracts clearly marking all changes (i.e., the deletions struck out in red, insertions underlined and blue, and moved phrases in green) a phrase?intentionally left blank?would serve no purpose other than as a placeholder.

"This Page Intentionally Left Blank" is to protect the public...or the worst may be to uncover fraud.

Maybe the worst, and why not. A quick internet search will find:

It’s easy to dismiss the phrase,?“This page is intentionally left blank” and its usage as an example of bureaucracy gone mad, but it and the blank pages themselves are actually there for good reason.

To begin with, the practise of marking intentionally blank pages, known as vacat pages, some form of “intentionally blank” goes all the way back to the dawn of automated printing itself, where mistakes in printing were relatively common. Like today, the main purpose of marking these pages in this way was simply to make sure people knew that the blank page wasn’t a result of a printing error. Given this, it’s no surprise that you’ll almost always only see this text on pages that you might otherwise think shouldn’t be blank given their position in the written work.

A vacat page is mentioned. What is a vacat page? Another search will show this:

What is a Vacat page?

An intentionally blank page or vacat page (from Latin: vacare for "being empty") is a page that has no content and may be unexpected. Such pages may serve purposes ranging from place-holding to space-filling and content separation.

A vacat page, as is seen, means the page is blank. Another search shows

vacatur: vacatur (English) Origin & history Latin, third person singular present indicative passive of vacare, "it is made null and void" Noun vacatur (pl. vacaturs) (legal) An announcement in court that something is cancelled or set aside; an annulment.

Notaries are or should be well-versed in a Vacat page, as this search explains:

You've just been handed a document to notarize. The signer's ID checks out, but then you spot several blank spaces in the main part of the document. Do you proceed, or do you have to stop? Here are some helpful guidelines for notarizations involving blank spaces.

Should I notarize a document that has blank spaces?

You should not notarize an incomplete document because of the risk of potential fraud.?For example, if a document selling a vehicle to someone else for an agreed amount was signed and notarized with the selling price left blank, a dishonest person could fill in a different amount later and claim that was the agreed sum of money.

Because of this, many states prohibit notarizing a document that is incomplete or contains blank spaces.?In California, the Secretary of State's 2024 Notary Public Handbook?instructs Notaries to refuse to notarize if the Notary knows a document is incomplete. Colorado also prohibits notarizing a document with blank spaces.?Colorado Revised Statutes 12-55-107 says, “The secretary of state or the secretary of state’s designee may deny the application of any person for appointment or reappointment or take disciplinary or nondisciplinary action against a notary public if the notary public: …(g) Notarizes any blank document;…”

If?you are presented with an incomplete document, you should refuse to notarize citing the missing pages or blank spaces. Even if you are commissioned in a state that does not provide specific guidance regarding blank document spaces, such as Texas, Article IV-D-1 of The Notary Public Code Of Professional Responsibility?recommends: "The Notary shall refuse to notarize a signature on any document that is blank or incomplete."

Are some blank spaces okay for notarization?

There are some limited situations where it is permissible to leave a space blank, such as the following:

Spaces for additional signatures. Documents often need to be signed by multiple individuals at different times in different locations. You may be asked to notarize one signature on a document that includes additional, blank signature spaces. In such a case, the document is not considered incomplete, and you may complete the notarization for any signers who are physically present and properly identified. However, you should record in the journal entry that the document included additional signature spaces and why they were not used.

Spaces reserved for use by government officials. Some documents include a boxed-off section or separate area of blank spaces marked with a title such as “For Official Use Only,” “Reserved For Recorder Use Only” or some other label indicating it may only be completed by an authorized official. If you are asked to notarize such a document, it is OK to proceed without filling in the blanks in a section reserved for official use.

Exceptions in state law. Some states permit certain documents that include blanks to still be notarized. For example, Florida prohibits notarizing most documents that include blank spaces, but FS 117.107(10) allows exceptions for?an endorsement or assignment in blank of a negotiable or nonnegotiable note and the assignment in blank of any instrument given as security for such a note.?

Never leave blanks in a Notary certificate

Never leave blanks or omit information when you are completing the notarial certificate wording. Missing information in the notarial wording was listed by county recorders in California as one of the top reasons?notarized documents are rejected by recording offices.

Notaries cannot fill in blank spaces in the main body of a document

Remember that you may only complete information in the notarial certificate wording. Any blanks in the main text must be completed by the signer or another individual authorized to do so before the notarization may proceed.

David Thun is the Editorial Manager at the National Notary Association.

What is to be understood then, if there is a "contract" that has a page that states "This Page Left Blank" but...it's not! Now what? If after this "blank page" is found in a document, the next page is a JURAT PAGE

What is the description of a jurat?

Jurat is Latin for “to swear.” A jurat is a certificate attached to an affidavit or deposition to signify that the affidavit or deposition was properly made before a duly authorized officer. So another search makes clear:

jurat

[ joor-at ]SHOW IPA

noun

1. Law. a certificate on an affidavit, by the officer, showing by whom, when, and before whom it was sworn to.

Because of this, many states prohibit notarizing a document that is incomplete or contains blank spaces.?In California, the Secretary of State's 2024 Notary Public Handbook?instructs Notaries to refuse to notarize if the Notary knows a document is incomplete. Colorado also prohibits notarizing a document with blank spaces.?Colorado Revised Statutes 12-55-107 says, “The secretary of state or the secretary of state’s designee may deny the application of any person for appointment or reappointment or take disciplinary or nondisciplinary action against a notary public if the notary public: …(g) Notarizes any blank document;…”

If?you are presented with an incomplete document, you should refuse to notarize citing the missing pages or blank spaces. Even if you are commissioned in a state that does not provide specific guidance regarding blank document spaces, such as Texas, Article IV-D-1 of The Notary Public Code Of Professional Responsibility?recommends: "The Notary shall refuse to notarize a signature on any document that is blank or incomplete."

What can be done if a contract is submitted with your signature, notarised but you were not there and the prior page states "This Page Intentionally Left Blank"? What if you are notary who is confronted with this in New York State, as an example :

Notarizing Incomplete Documents with Blank Pages

Simply put, notarizing a document with blank pages or blank spaces should never be done.? Even if there is no state rule that prohibits this, blank spaces can lead to fraud and leave you vulnerable as the notary who notarized the incomplete document in question. For example, consider a transaction that involves the sale of property, which includes the transfer of funds between two parties. A blank space after the notarization has taken place presents an opportunity for monetary amounts to be altered.

Some states require notaries to conduct a complete scan of the document for their records, even if it’s just the last page that will be notarized. If this isn’t a requirement in your state, it might be something you should consider when dealing with financial transactions as a fraud deterrent. Notaries should refer to their state guidelines and public code of professional responsibility for further guidance.

https://www.notarynewyork.org/documents-that-have-blank-spaces/

The next article will explore this important and fundamental to the law question.

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Ellen Oxman trained at Columbia University, Juilliard, Mozarteum (Austria) as a writer and musician, having appeared in many multi-national venues. As a writer she works on projects to expose corrupt court practices that are in the public interest. She has testified before Senate Hearings on Guardianship abuse and other important topics that are in the public interest.