{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.3A-106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.3A-106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.3A-106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.3A-106.html"}],"law_id":54896,"edition_id":1,"section_id":54896,"structure_id":13868,"section_number":"8.3A-106","catch_line":"Unconditional promise or order","history":"Code 1950, \u00a7 6-355; 1964, c. 219, \u00a7\u00a7 8.3-105, 8.3-119; 1992, c. 693.","full_text":"a\n\nExcept as provided in this section, for the purposes of § 8.3A-104 (a), a promise or order is unconditional unless it states (i) an express condition to payment, (ii) that the promise or order is subject to or governed by another writing, or (iii) that rights or obligations with respect to the promise or order are stated in another writing. A reference to another writing does not of itself make the promise or order conditional.b\n\nA promise or order is not made conditional (i) by a reference to another writing for a statement of rights with respect to collateral, prepayment, or acceleration, or (ii) because payment is limited to resort to a particular fund or source.c\n\nIf a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of § 8.3A-104 (a). If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument.d\n\nIf a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of § 8.3 A-104 (a); but if the promise or order is an instrument, there cannot be a holder in due course of the instrument.","order_by":null,"text":{"0":{"id":201382,"text":"Except as provided in this section, for the purposes of § 8.3A-104 (a), a promise or order is unconditional unless it states (i) an express condition to payment, (ii) that the promise or order is subject to or governed by another writing, or (iii) that rights or obligations with respect to the promise or order are stated in another writing. A reference to another writing does not of itself make the promise or order conditional.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":201383,"text":"A promise or order is not made conditional (i) by a reference to another writing for a statement of rights with respect to collateral, prepayment, or acceleration, or (ii) because payment is limited to resort to a particular fund or source.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"2":{"id":201384,"text":"If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of § 8.3A-104 (a). If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"3":{"id":201385,"text":"If a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of § 8.3 A-104 (a); but if the promise or order is an instrument, there cannot be a holder in due course of the instrument.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c"}},"ancestry":[{"id":13868,"edition_id":1,"name":"General Provisions and Definitions","identifier":"1","label":"part","depth":2,"order_by":1,"parent_id":13054,"metadata":{},"date_created":"2026-06-26 03:46:08","date_modified":"2026-06-26 03:46:08","permalink":{"id":282707,"object_type":"structure","relational_id":13868,"identifier":"1","token":"8.3A\/1","url":"\/8.3A\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13054,"edition_id":1,"name":"Commercial Code \u2014 Negotiable Instruments","identifier":"8.3A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":282705,"object_type":"structure","relational_id":13054,"identifier":"8.3A","token":"8.3A","url":"\/8.3A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83834,"structure_id":13868,"section_number":"8.3A-101","catch_line":"Short title","url":"\/8.3A-101\/","token":"8.3A\/1\/8.3A-101","metadata":false},{"id":65615,"structure_id":13868,"section_number":"8.3A-102","catch_line":"Subject matter","url":"\/8.3A-102\/","token":"8.3A\/1\/8.3A-102","metadata":false},{"id":77332,"structure_id":13868,"section_number":"8.3A-103","catch_line":"Definitions","url":"\/8.3A-103\/","token":"8.3A\/1\/8.3A-103","metadata":false},{"id":82039,"structure_id":13868,"section_number":"8.3A-104","catch_line":"Negotiable instrument","url":"\/8.3A-104\/","token":"8.3A\/1\/8.3A-104","metadata":false},{"id":71271,"structure_id":13868,"section_number":"8.3A-105","catch_line":"Issue of instrument","url":"\/8.3A-105\/","token":"8.3A\/1\/8.3A-105","metadata":false},{"id":54896,"structure_id":13868,"section_number":"8.3A-106","catch_line":"Unconditional promise or order","url":"\/8.3A-106\/","token":"8.3A\/1\/8.3A-106","metadata":false},{"id":58514,"structure_id":13868,"section_number":"8.3A-107","catch_line":"Instrument payable in foreign money","url":"\/8.3A-107\/","token":"8.3A\/1\/8.3A-107","metadata":false},{"id":60401,"structure_id":13868,"section_number":"8.3A-108","catch_line":"Payable on demand or at definite time","url":"\/8.3A-108\/","token":"8.3A\/1\/8.3A-108","metadata":false},{"id":76428,"structure_id":13868,"section_number":"8.3A-109","catch_line":"Payable to bearer or to order","url":"\/8.3A-109\/","token":"8.3A\/1\/8.3A-109","metadata":false},{"id":79693,"structure_id":13868,"section_number":"8.3A-110","catch_line":"Identification of person to whom instrument is payable","url":"\/8.3A-110\/","token":"8.3A\/1\/8.3A-110","metadata":false},{"id":59225,"structure_id":13868,"section_number":"8.3A-111","catch_line":"Place of payment","url":"\/8.3A-111\/","token":"8.3A\/1\/8.3A-111","metadata":false},{"id":81552,"structure_id":13868,"section_number":"8.3A-112","catch_line":"Interest","url":"\/8.3A-112\/","token":"8.3A\/1\/8.3A-112","metadata":false},{"id":78239,"structure_id":13868,"section_number":"8.3A-113","catch_line":"Date of instrument","url":"\/8.3A-113\/","token":"8.3A\/1\/8.3A-113","metadata":false},{"id":69384,"structure_id":13868,"section_number":"8.3A-114","catch_line":"Contradictory terms of instrument","url":"\/8.3A-114\/","token":"8.3A\/1\/8.3A-114","metadata":false},{"id":87003,"structure_id":13868,"section_number":"8.3A-115","catch_line":"Incomplete instrument","url":"\/8.3A-115\/","token":"8.3A\/1\/8.3A-115","metadata":false},{"id":77257,"structure_id":13868,"section_number":"8.3A-116","catch_line":"Joint and several liability; 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The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 219; in 1992, chapter 693.<\/p>","references":[{"id":57239,"section_number":"8.3A-302","catch_line":"Holder in due course","order_by":null,"url":"\/8.3A-302\/"}],"refers_to":[{"id":82039,"section_number":"8.3A-104","catch_line":"Negotiable instrument","order_by":null,"url":"\/8.3A-104\/"}],"permalink":{"id":282729,"object_type":"law","relational_id":54896,"identifier":"8.3A-106","token":"8.3A\/1\/8.3A-106","url":"\/8.3A-106\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.3A-106\/","token":"8.3A\/1\/8.3A-106","dublin_core":{"Title":"Unconditional promise or order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.3A-106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Except as provided in this section, for the purposes of § 8.3A-104<\/a> (a), a promise or order<\/span> is unconditional unless it states (i) an express condition to payment, (ii) that the promise or order<\/span> is subject to or governed by another writing, or (iii) that rights or obligations with respect to the promise or order<\/span> are stated in another writing. A reference to another writing does not of itself make the promise or order<\/span> conditional. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> A promise or order<\/span> is not made conditional (i) by a reference to another writing for a statement of rights with respect to collateral<\/span>, prepayment, or acceleration, or (ii) because payment is limited to resort to a particular fund or source. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> If a promise or order<\/span> requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order<\/span>, the condition does not make the promise or order<\/span> conditional for the purposes of § 8.3A-104<\/a> (a). If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> If a promise or order<\/span> at the time it is issued or first comes into possession<\/span> of a holder contains a statement, required by applicable statutory or administrative law<\/span>, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order<\/span> is not thereby made conditional for the purposes of § 8.3 A-104 (a); but if the promise or order<\/span> is an instrument, there cannot be a holder in due course of the instrument. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNCONDITIONAL PROMISE OR ORDER (\u00a7 8.3A-106)\n\na. Except as provided in this section, for the purposes of § 8.3A-104 (a),\na promise or order is unconditional unless it states (i) an express condition to\npayment, (ii) that the promise or order is subject to or governed by another\nwriting, or (iii) that rights or obligations with respect to the promise or\norder are stated in another writing. A reference to another writing does not of\nitself make the promise or order conditional.\n\nb. A promise or order is not made conditional (i) by a reference to another\nwriting for a statement of rights with respect to collateral, prepayment, or\nacceleration, or (ii) because payment is limited to resort to a particular fund\nor source.\n\nc. If a promise or order requires, as a condition to payment, a countersignature\nby a person whose specimen signature appears on the promise or order, the\ncondition does not make the promise or order conditional for the purposes of\n§ 8.3A-104 (a). If the person whose specimen signature appears on an\ninstrument fails to countersign the instrument, the failure to countersign is a\ndefense to the obligation of the issuer, but the failure does not prevent a\ntransferee of the instrument from becoming a holder of the instrument.\n\nd. If a promise or order at the time it is issued or first comes into possession\nof a holder contains a statement, required by applicable statutory or\nadministrative law, to the effect that the rights of a holder or transferee are\nsubject to claims or defenses that the issuer could assert against the original\npayee, the promise or order is not thereby made conditional for the purposes of\n§ 8.3 A-104 (a); but if the promise or order is an instrument, there cannot\nbe a holder in due course of the instrument.\n\nHISTORY: Code 1950, \u00a7 6-355; 1964, c. 219, \u00a7\u00a7 8.3-105, 8.3-119; 1992, c. 693.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}