How to Sign an Independent Contractor Agreement Across Borders

Hiring a contractor abroad looks simple on paper: agree the work, agree the fee, sign. The complexity is almost entirely in one question — how are they classified?

Classification determines tax withholding, social security obligations, employment law, and what documents you must file. Getting it wrong in the direction of “employee” is expensive in back taxes and penalties. Getting it wrong the other way is a compliance problem you have knowingly chosen.

Why classification is the difficult part

The label in the contract is not what determines status. Tax authorities and labour authorities look at the substance of the working relationship: who controls the work, how the hours are set, whether the person can send a substitute, whether they are paid through payroll or as an invoice, and whether they bear business risk.

This means two contracts with identical wording can produce different outcomes depending on how the parties actually work together. It also means the classification test differs by country — and when the worker and the payer are in different countries, both sets of rules may apply.

What a defensible agreement needs

Scope of work. Define the deliverables precisely, not the hours. Specify what will be produced, the acceptance criteria, and the timeline. An agreement framed in hours rather than outcomes is a strong indicator of employment.

Payment terms and currency. State the amount, currency, invoicing schedule, and payment window. Across borders, specify who bears conversion cost and what happens if the payment channel fails. If your contractor is in a country with currency controls, verify the payment route actually works before agreeing to it.

Tax responsibility. State clearly who is responsible for their own taxes, whether they are required to register a business entity, and whether you will withhold anything. Be careful here: in many jurisdictions withholding is mandatory by law and cannot be waived by agreement. A clause saying “the contractor is responsible for all taxes” does not override a statutory withholding requirement.

Intellectual property. Assign IP in writing. For work-for-hire to apply, it usually must be signed before or during the work, and the treatment differs across jurisdictions. Specify whether you receive all rights, and whether moral rights are waived where that is legally possible.

Confidentiality. Reasonably scoped, time-limited, and enforceable. A blanket confidentiality clause that cannot be enforced is worse than none, because it can imply you expected to protect information you had no right to keep confidential.

Data protection. If the contractor will handle personal data, address it — processing instructions, security expectations, and whether a data processing agreement is required under GDPR or comparable law.

Termination. Notice periods, what happens to work in progress, and whether payment is owed for completed deliverables versus notice period.

Governing law and disputes. Which law, which forum. Where the parties are in different countries, arbitration is often more enforceable than a national court judgment.

Paying across borders

Three things determine whether the payment actually completes: whether the contractor can receive funds in your currency, whether their jurisdiction permits the inflow, and what documentation the bank will ask for.

Common requirements include a signed contract, an invoice, proof of identity, and sometimes a certificate of tax residence. Banks commonly ask for all four, which means having them ready before the first payment prevents a delay that can derail a working relationship.

Nothing in the agreement changes a bank’s compliance requirements, so treat the documentation as part of the onboarding rather than an afterthought.

Frequently asked questions

Can the contract specify the classification? It can state the parties’ intent, but it does not bind an authority if the substance of the relationship says otherwise. Treat the classification clause as a statement, not a control.

Do I need an EOR or a registered entity? It depends on volume and duration. Sustained, integrated work in someone else’s country creates exposure that a signed agreement does not remove. Many engagements work cleanly as project-based contracting; ongoing work that looks like employment generally does not.

What about permanent establishment? If your business is fixed in a country, it may create a tax presence there regardless of how the contractor is engaged. This is a matter for a tax adviser in the country concerned.

Should I use the same agreement for domestic and international contractors? Generally no. Tax withholding, data protection, IP treatment, and mandatory clauses differ. Use a jurisdiction-appropriate agreement rather than one generic template.

Get started

A free independent contractor agreement template is in the ABSign template library. Sign on iPhone and iPad or in any browser.

General information, not legal or tax advice. Cross-border contractor engagements should be reviewed by a qualified adviser in both jurisdictions before work begins.

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How to Sign an International Sales Contract (Incoterms and Payment Terms)

An international sales contract does not fail because the parties disagreed on price. It fails because they disagreed on who bore the cost of getting the goods from one country to another, and on the moment the risk passed from seller to buyer.

Incoterms exist to settle exactly that, and most disputes in cross-border trade trace back to an Incoterm that was never properly specified.

What Incoterms actually do — and what they don’t

Incoterms define the cost, risk, and delivery obligations between seller and buyer. They do not define who owns the goods, when title passes, or what happens if the contract is breached. Those are separate clauses and they need to be written separately.

This is a persistent misunderstanding. A contract that says EXW and nothing about title has left the most important question unanswered.

The rules mode you are working in

EXW — Ex Works. The seller makes goods available at their premises. The buyer bears everything from that point: loading, export clearance, freight, insurance, and all risk. It sounds minimal and it is — EXW allocates almost nothing to the seller, and puts a great deal on the buyer.

FCA — Free Carrier. Similar to EXW, but the seller clears the goods for export and hands them to the carrier nominated by the buyer. Often the practical choice for container shipments.

FOB — Free on Board. Used for sea and inland waterway transport. The seller bears cost and risk until the goods are on board the vessel at the port of shipment. Note that under FOB the seller clears for export, but the buyer arranges and pays for the main freight and insurance.

CIF — Cost, Insurance and Freight. The seller pays freight to the destination port and insures the goods. Risk still passes when the goods are on board at origin — which surprises people who assume CIF means the seller carries risk all the way. It does not.

DAP — Delivered at Place. The seller delivers goods ready for unloading at the named destination, carrying cost and risk to that point. Import clearance and duties are the buyer’s responsibility.

DDP — Delivered Duty Paid. The seller bears everything including import clearance, duties, and taxes. The most seller-favourable-to-the-buyer term, and correspondingly the one that requires the seller to be genuinely able to act as importer in that country.

The four clauses that decide more than the Incoterm does

Title and risk transfer. State separately when title passes and when risk passes. For many buyers and sellers these differ, and the gap between them is where the exposure sits.

Payment terms. Letter of credit, cash against documents, open account, or a deposit balance. State the amount, currency, milestones, and what happens if a payment is delayed or a bank fails.

Inspection and acceptance. How will the buyer inspect goods, over what period, and what happens if they reject them? A contract without a defined inspection window creates arguments about whether acceptance was implied by delay.

Dispute resolution and governing law. Which law applies, which forum hears disputes, and whether disputes go to arbitration. For a China-to-Europe supply relationship, specifying a recognised arbitral institution is often more useful than a national court clause.

Compliance clauses worth getting right

Sanctions and export control clauses are now standard rather than optional. They typically require each party to warrant that it is not a sanctioned party, that the goods are not controlled, and that it will not ship to a prohibited destination. Note that these obligations sit independently of the Incoterm — being the importer does not transfer responsibility for sanctions compliance.

Also confirm the paper trail: commercial invoice, packing list, bill of lading or air waybill, certificate of origin, and any product-specific certificates. Cross-border deals fail at the border far more often than in negotiation.

Before you sign

  • Confirm the exact Incoterm and the version — Incoterms 2020 differs from Incoterms 2010 in places, and the year should be stated.
  • State the named place precisely. “FOB Shanghai” and “FOB Ningbo” are different contracts.
  • Separate title transfer from risk transfer.
  • Confirm the payment method and currency, and whether conversion risk sits with you.
  • Confirm who handles export and import clearance under the chosen term.
  • Agree the inspection window and the rejection process.
  • Specify governing law and dispute resolution.

Frequently asked questions

Does Incoterm 2020 apply automatically? Only if the contract specifies it. Incoterms are not incorporated automatically by law — a contract that says “FOB” without a version is ambiguous.

Who arranges insurance under CIF? The seller, to a minimum cover. Under most other terms, insurance is the buyer’s responsibility.

Can I change the Incoterm after signing? You can agree an amendment, but make it in writing and signed by both parties. Informal variations to Incoterms are difficult to prove.

Which Incoterm suits a first-time cross-border seller? This depends entirely on your logistics and cash flow, not on preference. EXW places the most on the buyer; DDP places the most on the seller.

Start from a template

An Incoterms-ready international sales contract template is available free in the ABSign template library. Once agreed, both parties can sign on iPhone and iPad or in any browser, with a timestamped audit trail and no courier involved.

General information, not legal advice. Incoterms are complex and errors are expensive — have your specific agreement reviewed by a lawyer or trade adviser in the relevant jurisdictions.

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Remote Online Notarisation: How It Works and Where It Is Legal

Remote online notarisation — usually shortened to RON — is the process of completing a notarised document over a live video call, with an authorised notary verifying your identity and witnessing your signature electronically.

It sounds like a technicality. In practice it removes a genuine logistical barrier: the need to be physically present at a notary at a specific time, in a specific jurisdiction.

How remote online notarisation actually works

The process follows a consistent shape, regardless of provider:

  1. Identity verification. Before the session, your identity is established — typically against a government-issued ID, a knowledge-based authentication questionnaire, and sometimes biometrics or a credit check.
  2. The live session. A notary appears on video, confirms your identity in person, confirms your understanding of the document, and watches you sign.
  3. Electronic notarial certificate. The notary attaches a certificate completing the electronic notarial record, which includes the notary’s identity, the date and time, and the verification methods used.
  4. Tamper-evident seal. The completed document is sealed so that any subsequent modification is detectable.
  5. Retention. The notary is typically required to retain the record for a statutory period — often ten years in the US.

The point of the ceremony is not theatrical. The notary is applying what is known in legal practice as presence of mind — being satisfied that the person in front of them intended to sign what they signed. Video, identity evidence, and a retained record together establish that.

Where it is accepted

This is where care is needed, because acceptance is not uniform.

In the United States, remote online notarisation is authorised at the state level. Most states permit it, some require the notary to be physically located in the same state as the signer, and a small number restrict it further. Because the rules are state-based, the answer genuinely depends on where you are.

In the European Union, eIDAS provides the framework for remote electronic identification and qualified electronic signatures. Acceptance of remote video identification depends on the member state and the accepting authority.

For cross-border documents, the acceptance question is separate from the legality question. A notarial act validly performed may still not be accepted by the receiving authority — a registry, a court, a university, an embassy. Always confirm with whoever will receive the document.

What RON is not for

RON does not replace notarisation where wet-ink notarisation is specifically required, and it does not solve apostille or authentication requirements. It is also not a workaround for a jurisdiction that does not permit it — performing the ceremony remotely where it is not authorised produces a document that may be challenged on exactly that ground.

It is also worth being clear that notarisation verifies identity and willingness. It does not verify that the contract is fair, that the terms are reasonable, or that you understood them.

Remote online notarisation vs a standard e-signature

These are different tools serving different needs.

A standard electronic signature records intent to sign and produces an audit trail. It is sufficient for most agreements and takes seconds.

Remote online notarisation adds a third party — a notary — who independently verifies identity and applies a notarial certificate. It costs more, takes longer, and is only necessary where a notarised act is actually required.

Use a standard e-signature unless you have been told notarisation is required, or you want the additional assurance for your own reasons.

How to prepare for a remote notarisation session

  • Have your valid government-issued photo ID ready.
  • Find a private, well-lit space with no interruptions and a stable connection.
  • Have the complete document ready — do not sign it beforehand.
  • Know where every required signature and initial field is.
  • Expect to be asked to confirm that you understand the document and are signing voluntarily.

Frequently asked questions

Is remote notarisation valid internationally? Validity follows the law of the jurisdiction where the notarial act takes place. Acceptance is a separate question that depends on the receiving authority. Confirm before relying on it.

Can I be notarised while outside my own country? Yes, if the notary is authorised to perform remote notarisation in the jurisdiction where they are located. This is precisely the situation RON was designed to address.

How long does it take? Typically 10 to 20 minutes, assuming identity verification has been completed in advance.

Do I need to travel or print anything? No. That is the point.

Where to start

ABSign’s remote online notarisation guide covers supported jurisdictions and the document requirements. Free RON consent templates are available in the ABSign template library, and signing is available on iPhone and iPad or in any browser.

General information, not legal advice. Notarisation requirements vary by jurisdiction — confirm the applicable rules before proceeding.

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Electronic Signature vs Digital Signature: Which One Do You Actually Need?

Ask ten people to define these terms and you will get roughly five answers, with overlap. In practice the distinction matters, because the level of evidence you end up with depends on which kind of signature you used.

The short version

An electronic signature is the broad legal category: any mark, character, or symbol you attach to a document to show intent to sign. A digital signature is a specific technology: a cryptographic operation that binds the document to a key, produces a tamper-evident seal, and carries a record of who signed, when, and from where.

Every digital signature is an electronic signature. Not every electronic signature is a digital signature.

Why the difference decides outcomes

The practical test for an electronic signature is intent plus attribution: did the signer intend to sign, and can you attribute the signature to them?

That is a much lower bar than the one a digital signature clears. A typed name appended at the end of an email can satisfy the ordinary standard for many agreements. A digital signature goes further — it produces evidence that is difficult to forge or backdate, because any modification after signing invalidates the seal.

So where a typed name is legally adequate, a digital signature is stronger than necessary. Where a signature is likely to be contested — anything involving property, a large sum, a court proceeding, a regulated transaction, or a cross-border agreement where the parties are not in the same room — the additional evidence is what makes the difference between a signed document and a provably signed document.

Which type does your agreement need?

The question is usually settled by something other than preference: legislation, the counterparty’s policy, or the agreement’s own terms.

  • Most commercial agreements — service contracts, invoices, standard terms — an electronic signature is sufficient in the US, EU, UK, Canada and Australia, subject to the parties consenting.
  • Real estate transactions — often require a higher evidentiary standard, and sometimes notarisation or a specific qualified signature.
  • Regulated sectors — banking, healthcare, and government frequently specify qualified signatures under eIDAS or equivalent rules.
  • Court and litigation contexts — the evidentiary strength of the signature is the point at issue, so a tamper-evident record is worth having.

The default assumption should be that if a contract does not specify, a standard electronic signature with an audit trail is the right tool. Reach for qualified signatures only where something obliges you to.

The screenshot problem

Worth stating plainly, because it is extremely common: signing a document, photographing it, and pasting the image back into a PDF creates something that looks signed but is not. The signature image can be moved to a different part of the document, lifted out and reused, or replaced entirely. There is no record of who signed or when, and no mechanism that detects any of it.

This matters more across borders, where the temptation to sign asynchronously is strongest and counterparty verification is weakest.

What to check in a signing tool

Whether a tool produces a digital or electronic signature, the useful questions are the same:

  • Does it record an audit trail — timestamp, signer identity, and order of signing?
  • Does it bind the signature to verified identity data?
  • Does modifying the document after signing invalidate the signature?
  • Can I download and retain the audit certificate?
  • Does it comply with the frameworks relevant to my jurisdiction — ESIGN, UETA, eIDAS, and PIPL?

ABSign’s compliance documentation covers how signatures, encryption, and identity verification work across jurisdictions.

Frequently asked questions

Is a scanned signature legally valid? A scanned or photographed signature can be a valid electronic signature where consent and attribution can be established. It is not tamper-evident, so it provides much weaker evidence if the signature is later disputed.

Do I need a digital signature? Only if legislation, your counterparty, or the risk profile of the agreement calls for one. For most agreements, a standard electronic signature with an audit trail is sufficient.

Does a digital signature require a certificate from a commercial authority? Not always. Advanced digital signatures under eIDAS do involve qualified certificate providers. Electronic signatures more broadly — including qualified electronic signatures — sit across a range of assurance levels, and most everyday agreements do not need the highest.

Are DocuSign and Adobe signatures digital signatures? Both support qualified and advanced signature options that meet the relevant standards, alongside standard electronic signatures for ordinary agreements.

Try it

Download ABSign free for iPhone and iPad, or sign in any browser on the web. Every signing action records a timestamped audit trail.

General information only, not legal advice. Requirements vary by jurisdiction and document type — confirm what applies to your agreement.

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How to Sign a Contract Abroad: 9 Questions to Answer Before You Sign

The hardest part of signing a contract abroad is rarely the signature itself. It is everything you cannot easily check from where you are sitting.

You cannot walk into the other party’s office. You cannot consult a lawyer who knows the local practice. You cannot hand a paper copy across a desk and watch them seal it. What you can do is close those gaps deliberately — before you sign.

1. Which country’s law governs this contract?

This is the most consequential question on the page, and the one most often left vague. The governing law clause decides which court hears a dispute, which legal standard applies, and in what language the contract will be interpreted.

When you are physically distant from the other party, ask explicitly: which jurisdiction’s law applies, and where would a dispute be heard? If the answer is unclear or unacceptable to you, that is a reason to pause — not a detail to accept quietly.

2. In which language is the contract written, and can you read it?

Signing a document you do not fully understand creates risk that is very hard to unwind later. If you are not fluent in the contract language, request a translation or a bilingual version. If the other party resists that request, treat it as a meaningful signal.

3. Am I signing as an individual or on behalf of a company?

This changes almost everything downstream. A personal signature and a corporate signature carry different authority, different liability, and different formality requirements. If you are signing on behalf of a company, verify that you are authorised to bind it — and if the counterparty needs evidence of that authority, ask what form that evidence must take.

4. What happens if one of us does not sign?

Trace the signature order. Who signs first, what is the deadline for the second signature, and what happens if the deadline passes? Is the document binding when one party signs and the other declines, or does it only take effect when all parties have signed?

Then ask the practical question: if the other party goes quiet, is there a mechanism to close the document out, or does it sit indefinitely in a half-signed state?

5. What is the payment obligation, and in which currency?

Cross-border means currency risk. Confirm the amount, the currency, who bears the conversion cost, what the payment deadline is, and what happens on late payment — including whether interest is chargeable and at what rate.

Also confirm the payment mechanics. A payment that cannot be executed across borders — because of local transfer limits, currency controls, or a missing intermediary bank — is a clause that exists only on paper.

6. Which parts are confidential?

Confidentiality clauses are routine, but a cross-border one raises a practical question: what law protects the confidential information, and what happens if a party is subpoenaed and legally obliged to disclose it? A clause with no exception for legally compelled disclosure can be drafted in a way that is hard to honour.

7. Where is my evidence if this goes wrong?

Before signing, decide what proof of the agreement you will have afterwards. You want: who signed, when, from where, and that the document was not altered after signing. That is an audit trail. Make sure the tool you use produces one, and that you can download and retain it.

This matters more when you are abroad. If enforcement ever becomes necessary, you will not be relying on your own memory of the conversation — you will be relying on the record.

8. Is notarisation required, and does it work from abroad?

Some agreements require notarisation or an apostille. Remote online notarisation exists and is legal in a growing number of jurisdictions, but it is not universally accepted, and the receiving authority may still require a specific format. Confirm the requirement in writing before you sign.

9. Who do I contact if something goes wrong mid-signature?

Things fail. A link expires, an address is mistyped, a signature is rejected. Know in advance who to contact on each side, and whether there is a support path that functions across time zones. This is a small question that saves a great deal of time when a deadline is close.

Signing remotely is normal practice

The nine questions above are not signs of a problem with the deal. They are the ordinary work of a cross-border agreement, and no credible counterparty should be unwilling to answer them.

What has genuinely changed is that the physical logistics no longer justify the delay. You can sign in minutes, from wherever you are, with a verified identity, a timestamp, and a tamper-evident audit trail. ABSign is built for exactly this case — signing, sealing, and sending a contract across a border without a printer or a scanner.

Frequently asked questions

Can I sign a contract on my phone while abroad? Yes. Signing on a phone is standard practice and produces the same legal result as signing on a desktop.

Is a signature made in another country valid? Generally yes. Location does not determine validity — what matters is consent, intent, identity, and the integrity of the record.

Do I need my counterparty to use the same tool? Not necessarily. Most platforms let you send a document for signature to someone who then signs through their own account or a link. This is worth confirming before you send.

What if the other party wants to print and sign physically? That is workable but slower. Ask whether they will accept an electronic signature instead; in most jurisdictions they can, and it avoids the courier.

Free templates and signing tools

Start from an editable template for common cross-border agreements in the ABSign template library, and sign on your phone with ABSign free for iPhone and iPad or the web version in any browser.

This article is general information, not legal advice. Have your specific agreement reviewed by a qualified lawyer in the relevant jurisdiction.

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How to Sign a Rental Agreement Abroad: A Step-by-Step Guide

If you are renting a place in another country, you will eventually be asked to sign a lease or rental agreement — and if you are still abroad, that often means printing a document you cannot easily print, scanning it back in, and emailing it while the landlord waits.

That whole process is now unnecessary. Electronic signatures are legally recognised for rental agreements in most jurisdictions, and you can complete one entirely from your phone in a couple of minutes.

Is a rental agreement signed electronically still legally valid?

Yes, in the vast majority of countries. The relevant frameworks — the ESIGN Act and UETA in the United States, eIDAS in the European Union, and equivalent legislation in the UK, Canada and Australia — generally treat an electronic signature as having the same legal effect as a handwritten one for this type of document.

Two conditions do apply almost everywhere:

  • Both parties must consent to signing electronically. Most modern landlords and property managers accept this, but confirm before you start.
  • You must be able to access the document afterwards. A copy of the signed agreement should be stored and retrievable by both parties.

Notarised or apostilled documents are a separate category with stricter rules, so if your landlord specifically requires notarisation, that is a different process from a standard electronic signature.

How to sign a rental agreement in 4 steps

1. Get the document in a usable format. Ask for a PDF or a Word file rather than a scan of a scan. If you only have a photograph, it is worth asking for a cleaner copy — it makes signatures far more legible and reduces the chance of a dispute later.

2. Open it in a signing tool. Any reputable e-signature app will do. ABSign handles this on iPhone and iPad, and the web version works in any mobile browser if you are on a different device.

3. Sign, and add your signature date. Draw your signature once, place it on every signature line required, and put the date next to it. If the contract asks for initials on each page, create a separate initials mark — do not reuse your full signature for those.

4. Return it and keep your copy. Send it back the way the landlord asked, and download the signed file. Email it to yourself as well. Do not rely on a signing platform as your only archive — if you later cancel a subscription or lose access to an account, your signed tenancy agreement should not disappear with it.

Common mistakes to avoid

  • Signing before reading. The most common expensive error in a cross-border lease is agreeing to terms in a language you do not fully understand. Ask for a translation if you need one.
  • Leaving the payment schedule ambiguous. Confirm the amount, currency, due dates, and the deposit terms in writing before you sign.
  • Missing the deposit clause. State clearly what the security deposit covers, when it is returned, and what deductions are allowed.
  • Forgetting the governing law. Which country’s rules apply is often the single most consequential detail in a cross-border lease. Check it explicitly.
  • Using one signature mark for everything. If a page asks for initials, that is a separate mark from your signature.

Who should sign electronically, and who genuinely needs a wet signature?

Standard residential leases, room agreements, and student accommodation contracts are all normally fine to sign electronically. Some institutions and jurisdictions are stricter — government leases, certain long-term commercial agreements, and documents that need to be apostilled may require a physical or notarised signature. When in doubt, ask the other party before you sign rather than after.

Why use a dedicated signing app instead of a screenshot

The quick approach — signing a piece of paper, photographing it, and pasting the image into a PDF — technically creates a signed-looking document, but it has no tamper protection. The signature image can be moved or lifted out and placed elsewhere in the file, and there is no record of who signed, when, or from where.

A dedicated e-signature platform binds the signature to verified identity data, timestamps it, and produces an audit trail. That trail is what makes the signature hold up if it is ever challenged, and it is also what makes the difference between a document that is signed and a document that is provably signed.

Signing from your phone: what to check before you start

  • The tool works in your browser or has an app for your device.
  • It records an audit trail with timestamps.
  • You can download the signed file when you are done.
  • You can send the document for the other party’s signature, rather than only signing your own copy.

Frequently asked questions

Do I need to be in the same country as the landlord? No. That is the whole point of an electronic signature — the signing party can be in a different country and a different time zone. This is exactly the situation a tool like ABSign is built for.

Can I sign on my phone? Yes. Signing on a phone is the normal case, not an exception.

Does my landlord need a specific tool? Some large property management companies insist on their own platform. If yours does, follow their process. If they have no requirement, any reputable e-signature tool works.

What if the contract is in a language I do not understand? Ask for a translated copy or a bilingual version before signing. Signing a document you cannot read creates risk you cannot easily unwind later.

Get started

Download ABSign free for iPhone and iPad, or use the web version in any browser. Free templates for common cross-border agreements are available in the ABSign template library.

ABSign provides tools for drafting and signing; this article is general information and is not legal advice. Have your specific agreement reviewed by a qualified lawyer in the relevant jurisdiction.

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Ready to sign? Download ABSign free for iPhone and iPad — signing features work out of the box, no card required.