Utah Code § 70A-3-106

(1) Except as provided in this section, for the purposes of Subsection 70A-3-104(1), a promise
or order is unconditional unless it states an express condition to payment, that the promise or
order is subject to or governed by another writing, or 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.

(2) A promise or order is not made conditional by a reference to another writing for a statement of
rights with respect to collateral, prepayment, or acceleration, or because payment is limited to
resort to a particular fund or source.
(3) 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 Subsection 70A-3-104(1). 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.
(4) 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
Subsection 70A-3-104(1). However, if the promise or order is an instrument, there cannot be a
holder in due course of the instrument.
Repealed and Re-enacted by Chapter 237, 1993 General Session

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